Legislative Session: 84(R)

House Bill 4097

House Author:  Hunter et al.

Effective:  6-17-15

Senate Sponsor:  Kolkhorst et al.


            House Bill 4097 amends the Water Code and Utilities Code to authorize a person to divert state water from the Gulf of Mexico or a bay or arm of the Gulf of Mexico for desalination and use for industrial purposes without obtaining a permit from the Texas Commission on Environmental Quality (TCEQ), but requires a permit if the point of diversion is located less than three miles seaward of any point located on the Texas coast or if the seawater contains a certain concentration of total dissolved solids.  The bill authorizes TCEQ to issue a permit for the discharge of water treatment residuals resulting from the desalination of seawater for an industrial use into the portion of the Gulf of Mexico inside the territorial limits of the state.  The bill provides for the disposal of water treatment residuals and concentrate produced by the desalination of seawater in injection wells.

            House Bill 4097 requires the Public Utility Commission of Texas (PUC), in cooperation with transmission and distribution utilities and the ERCOT independent system operator, to study whether existing transmission and distribution planning processes are sufficient to provide adequate infrastructure for seawater desalination projects.  The bill also requires the PUC and the operator to study the potential for seawater desalination projects to participate in existing demand response opportunities in the ERCOT market.